We saw an interesting development Tuesday arising out of a questionnaire directed to FBI employees regarding their involvement in the investigations into January 6 and the Mar-a-Lago classified documents case against President Donald Trump. Multiple agents and the Federal Bureau of Investigation Agents Association (FBIAA) filed suit against the Department of Justice (DOJ) asserting unlawful retaliation, Privacy Act and Administrative Procedures Act violations, as well as First Amendment and due process violations.

FBI v. DOJ - Agents Sue to Block Public Identification of Those Who Worked on J6

The agents are requesting that the court enter an order prohibiting the DOJ and the federal government from disseminating their personal information and rescinding what they refer to as "unlawful termination orders." 

Clarification letter from Acting Deputy AG Emil Bove to Acting FBI Director Brian Driscoll:

"Let me be clear: No FBI employee who simply followed orders and carried out their duties in an ethical manner with respect to January 6 investigations is at risk of termination or other… pic.twitter.com/TNjIA4hplO

— Jacqui Heinrich (@JacquiHeinrich) February 5, 2025

On Wednesday, Acting Deputy Attorney General Emil Bove issued a memo clarifying the DOJ's position on the matter (and throwing a bit of shade at FBI interim leadership in the process).

FBI employees who "simply followed orders" with respect to their investigations into Jan. 6 defendants will not be fired or face any other penalties, Acting Deputy Attorney General Emil Bove confirmed in an internal memo.

Bove's memo this week accused Acting FBI Director Brian Driscoll of refusing to reply to requests from President Donald Trump's administration to identify "the core team in Washington, D.C. responsible for the investigation relating to events on January 6, 2021."

"That insubordination necessitated, among other things, the directive in my January 31, 2025 memo to identify all agents assigned to investigations relating to January 6, 2021. In light of acting leadership’s refusal to comply with the narrower request, the written directive was intended to obtain a complete data set that the Justice Department can reliably pare down to the core team that will be the focus of the weaponization review pursuant to the Executive Order," Bove wrote.

"Let me be clear: No FBI employee who simply followed orders and carried out their duties in an ethical manner with respect to January 6 investigations is at risk of termination or other penalties," Bove continued. "The only individuals who should be concerned about the process initiated by my January 31, 2025 memo are those who acted with corrupt or partisan intent, who blatantly defied orders from Department leadership, or who exercised discretion in weaponizing the FBI."

"There is no honor in the ongoing efforts to distort that simple truth or protect culpable actors from scrutiny on these issues, which have politicized the Bureau, harmed its credibility, and distracted the public from the excellent work being done every day. If you have witnessed such behavior, I encourage you to report it through appropriate channels," he added.

Resign or Be Fired: Several Senior FBI Leaders Have Been Informed They Have Until Monday to Get Out

The matter is currently set for hearing on Thursday morning before Judge Jia Cobb. Whether/to what extent Bove's memo clarifying the DOJ's position will have an effect on the court's rulings remains to be seen. My instinct is still that the court will grant the relief requested, but at minimum, Bove's memo might help allay some concerns among the rank and file.